1362 000 061
ORDINANCE NO, 1362 ( #5 - 09)
AN ORDINANCE SUBMTITING TO THE VOTERS OF THE CITY OF
JACKSONVILLE, ARKANSAS, THE ELECTION OF MAYOR OF THE CITY OF
JACKSONVILLE, ARKANSAS, TO COMPLETE THE TERM EXPIRING
DECEMBER 31, 2010; DECLARING AN EMERGENCY; AND, FOR OTHER
PURPOSES.
WHEREAS, based on the impending retirement on July 1, 2009, of Mayor
Tommy Swaim as publically announced last month, the City Council is required to
set a Special Election to elect a successor to fill the remaining term of office for
Mayor, which will expire December 31, 2010;
WHEREAS, Arkansas statutes require certain provisions and minimum time
frames before and after such elections, and the City Council has determined that
holding such an election on Tuesday, May 12, 2009, will satisfy all statutory
requirements and provide sufficient time for campaigning by potential candidates
and allow for a timely transition before Mayor Swaim s retirement; and,
WHEREAS, to accomplish such the City Council must enact this Ordinance
calling for a Special Election on May 12, 2009, for all qualified voters within the City
to select from all duly qualified candidates one to fill the unexpired term of Mayor
for the City of Jacksonville, Arkansas, that term expiring December 31, 2010.
THEREFORE BE IT ORDAINED A N D ENACTED BY THE CI T Y CO UN CI L
OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: There shall be submitted to the qualified electors
of the City of Jacksonville, Arkansas, as reflected on the records of Pulaski County
Clerk's Office, the selection from qualified candidates to fill the unexpired term of
Mayor of the City of Jacksonville Arkansas, which term of office will be from July 1,
2009, and expire on December 31, 2010.
SECTION TWO: The question of qualified candidates to fill the
unexpired term of Mayor of the City of Jacksonville shall be submitted to the
electors qualified to vote on this issue at a Special Election to be held within the City
on Tuesday,. 12, 2009. The City Clerk shall immediately notify the Pulaski
County Election Commission of such a question by forwarding certified copies of this
Ordinance to said body and the Secretary of State as well as insure appropriate
notifications and proclamations for such are duly and timely published.
SECTION THREE: Those desirous of running for Mayor in this Spedal
Election shall comply with all applicable municipal, state, and federal laws. Any
person wishing to become an independent candidate for Mayor in this Special
Election shall file not more than ninety (90) days and no less than seventy (70 )days
prior to the Special Election by 12:00 noon with the Pulaski County Clerk a Petition
of Nomination satisfying all applicable legal requirements. In short the filing period
shall run from February 10, 2009, through March 2 2009 at 12:00 noon. As well
Ballot Position Drawin shall be held no later than fifty (5d) days before the Special
Election (March 10, 2009) as determined, set, and published by the Pulaski County
Election Commission.
SECTION FOUR: If, at the May 12, 2009 election, a majority of the
qualified electors voting in such Special Election select a qualified candidate to fill
the unexpired term for Mayor of the City, Mayor Swaim and /or his designated
representative(s) shall file the results thereof with the Pulaski County Election
Commission and request certification of such. If no qualified candidate secures a
majority of the qualified electors voting on the position at said Special Election, the
two (2) qualified candidates securing the highest number of votes in the May 12
2009 Special Election shall be certified to a Special Run -off Election to be held
Tuesday June 2, 2009. The results from the Special Run -Off Election, if conducted,
shall be forwarded to the Pulaski County Election Commission for certification.
In the event an action is timely filed within the Pulaski County Circuit Court
contesting said election(s), said election(s) shall be certified as of the date any final
judgment of said Court is entered of record.
The duly elected candidate shall upon proper certification, take the oath and
office of Mayor on or about July 1, 2009. Said term of office shall expire on or
about December 31, 2010.
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Ordinance No. 1262 ( #5 -09)
Page Two
SECTION FIVE: The ballots used at the Special Election of May 12, 2009,
for the position of an unexpired term for Mayor of the City of Jacksonville ending
December 31, 2010, shall read essentially as follows:
(Vote for One)
❑ CANDIDATE A ❑ CANDIDATE C
❑ CANDIDATE B ❑ CANDIDATE D
SECTION SIX :: All Ordinances, parts of Ordinances, or previous
actions taken by this City Council in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION SEVEN: To provide more effectively for the health, safety,
and welfare of our citizens and the continued efficient operation of the City of
Jacksonville, an emergency is hereby declared to exist. This Ordinance shall take
effect immediately upon passage and publication, as provided by and subject to the
requirements of applicable law.
APPROVED AND ADOPTED THIS 5 1*- DAY OF FEBRUARY, 2009.
CITY OF JACKSONVILLE, ARKANSAS
a te►. 4 ' O • a
TOMMY SWAIM, MAYOR
ATTEST:
SUSAN DA ITT, CITY CL RK / `- .
, s .i., e' r �`
AP " AS "� l • RM: -
1 a
ROB.RT BAMBU'O • •• EY
2